Sini Shanavas v. State Of Kerala

A. Muhamed Mustaque, J.:— The petitioner approached the District Collector under Section 3A of enactment of the Act 28/2008. Ext.P4 is the request.

2. Considering the facts and circumstances of the case, the following directions are issued:

i) The 2nd respondent is directed to take a decision in this matter within a period of two months after obtaining a report from the Village Officer.

ii) If it is not included in the Draft Data Bank and the land was a converted paddy land, before enactment of the Act 28 of 2008, necessary permission shall be granted on remitting 25% of the notified fair value per Are.

iii) Once regularisation order is issued, necessarily, the petitioner is entitled to use the land as purayidam and dry land in accordance with law.

iv) The petitioner is also free to approach the Tahsildar for reassessment of land after regularisation order is issued in terms of Section 6A of Kerala Land Tax Act, 1961.

v) If such application is filed, the Tahsildar shall consider the application in the light of the directions of this Court in the judgment in Kizhakkambalam Grama Panchayat v. Mariumma [2015 (2) KLT 516].

3. The writ petition is disposed of as above.